《劳动合同法》对解雇保护制度的认知理性——以“补偿正义”为价值取向

借鉴法律经济分析的观点从微观角度来论证我国《劳动合同法》关于解雇保护制度的立法关注点，就是在劳动权保障论的观点上，在强调原来从抽象谋求最大多数人最大利益的功利主义正义观的同时，不应忽略更具体关怀社会境况最差者的社会正义观。劳动法应当抽出弱者利益，由国家公权形式实现底线保障，并通过国家干预而生成的某些弱势群体个人利益的社会化形式。因此，在劳动法的视野下，以人为本进行社会整合的目标应该是罗尔斯正义论的第二原则“差别原则”．即提倡最少受患者的最大利益。     

Tenure: An Important Due Process Right or a Hindrance to Change in the Schools?

Teacher tenure is a hotly contested concept in today’s’ school reform battles. Many discussions of tenure, however, use the term in incorrect ways that add little to the concepts that should be debated. Historically, tenure represents due process rights teachers acquire after several years of successful service. Other procedures, such as teacher credentialing, the granting of tenure, and teacher evaluation, if successfully applied, would offer the public adequate protection from less than competent teachers. Future implications and recommendations for legislatures considering reworking tenure laws are given, including extending the term necessary to gain tenure, revamping teacher evaluation procedures, increasing expenditures for supervision, and focusing reform efforts on desired outcomes.J. Coleman, L. Molinaro, M. Green, S. T. Schroth have equal contributions to the finished paper.     

Consequences of players' dismissal in professional soccer: A crisis-related analysis of group-size effects

Abstract

This study documents the effect of players' dismissals on team performance in professional soccer. Our aim was to determine whether the punishment meted out for unacceptable player behaviour results in reduced team performance. The official web site of the German Soccer Association was used for coding data from games played in the first Bundesliga between the 1963 – 64 and 2003 – 04 (n = 41) seasons. A sample of 743 games where at least one red card was issued was used to test hypotheses derived from crisis theory (Bar-Eli & Tenenbaum, 1989a Bar-Eli, M. and Tenenbaum, G. 1989a. A theory of individual psychological crisis in competitive sport. Applied Psychology, 38: 107–120. [Crossref], [Web of Science ®] , [Google Scholar]). Players' dismissals weaken a sanctioned team in terms of the goals and final score following the punishment. The chances of a sanctioned team scoring or winning were substantially reduced following the sanction. Most cards were issued in the later stages of matches. The statistics pertaining to outcome results as a function of game standing, game location, and time phases – all strongly support the view that teams can be considered conceptually similar to individuals regarding the link between stress and performance. To further develop the concept of team and individual psychological performance crisis in competition, it is recommended that reversal theory (Apter, 1982 Apter, M. J. 1982. The experience of motivation: The theory of psychological reversals, London: Academic Press.  [Google Scholar]) and self-monitoring and distraction theories (Baumeister, 1984 Baumeister, R. F. and Steinhilber, A. 1984. Paradoxical effects of supportive audiences on performance under pressure: The home field disadvantage in sports championships. Journal of Personality and Social Psychology, 47: 85–93. [Crossref], [Web of Science ®] , [Google Scholar]) be included in the design of future investigations pertaining to choking under pressure.     

Analysis of entries into the penalty area as a performance indicator in soccer

Abstract

This study examines entries into the penalty area as a performance indicator that distinguishes between winning, drawing and losing soccer teams. It assesses whether entries into the penalty area are influenced by match status, a player's dismissal and the respective quality of the competing teams. Two observers analysed the relation between defensive and offensive strategies and their scoring consequences for all 64 matches played in the 2006 World Cup. Kappa values ranged between 0.93 and 0.98 for intra-reliability and between 0.88 and 0.98 for inter-reliability. It was found that winning teams received significantly fewer entries into their own penalty area (mean=41.42, s=11.86) than drawing (mean=50.07, s=14.75) and losing teams (mean=47.23, s=12.14). Teams that received more entries into their own penalty area than the opposing team were significantly more likely to concede a goal (P <0.001). Teams losing by one (mean=0.41, s=0.21), two (mean=0.42, s=0.26) or more than two goals (mean=0.34, s=0.13) received significantly fewer entries into the penalty area per minute than teams winning by one (mean=0.55, s=0.27) or two goals (mean=0.59, s=0.39). Teams with fewer players on the pitch received significantly more entries into the penalty area per minute than teams with more (mean=0.22, s=0.07) or the same number (mean=0.14, s=0.05) of players. Based on these results, it is suggested that teams should enter the opposing team's penalty area but should not allow their opponents to do the same. These results also highlight the significance of the dismissal of a player.     

解雇自由抑或解雇保护——试析无固定期限劳动合同的制度困境

2008年始发于美国的经济危机把全球经济拖入可白的深渊,2010年欧洲债务危机又接踵而来.<劳动合同法>中无固定期限劳动合同制度的设计强化了立法进行解雇保护的决心,在重重危机面前让不少用人单位更为揪心.本文立足劳动立法对无固定期限劳动合同制度之脉络梳理,分析其在劳动合同制中的地位演进,重点探讨在中国的具体国情下,无固定期限劳动合同的角色定位,以期为制度的完善提供一定的借鉴.     

论股份公司监事任免机制之完善

现代股份公司中,监事会制度非常重要。监事会能否有效地行使监督权,在很大程度上取决于其自身是否独立。监事任免机制在维持其独立性方面至关重要。德国、法国、日本、韩国和台湾省法律都详细规定了监事之提名、选举、任期与连任和解任。通过与这些国家进行比较,发现中国监事任免制度非常粗糙。因此,应借鉴这些国家的经验,对中国监事任免机制加以完善。     

Goal effectiveness after players’ dismissals in professional futsal teams

The purpose of this study was to analyse the effect of players’ dismissals on the outcome of attacks in elite futsal matches, and to establish the performance profile of the attacks made in numerical superiority by elite futsal teams. One hundred and twenty five attacking game situations in numerical superiority (dismissal of opponents from defensive team) were analysed from the regular season of the Spanish professional Futsal League. The effect of contextual-related variables (quality of opposition, match-location, match-periods, opponent team’s fouls, match-status, attack-duration and match-type) on goal effectiveness was analysed using binomial logistic regression and two-step cluster analysis. Results from the binary logistic regression showed that the highest attack effectiveness was achieved when the teams play at home, perform the attack during minutes 33–36 and the opposing team has 3 fouls. Secondly, the two-step cluster analysis technique allowed identifying four types of attacks when the teams were playing with numerical superiority. The results showed the great importance (in order) of match-type, match-status, attacking team’s fouls, match-period, quality of opposition, opposing team’s fouls, match-location, goal situation, and attack duration. The identified trends may help coaches to design the superiority/inferiority scenarios more specifically during training and to monitor them during competition.     

解雇保护司法救济中的法益衡量——对解雇争议的实证分析

对用人单位单方解除劳动合同的个案处理,解雇保护除立法上存在法律漏洞外,在司法实践中也存在着法律解释方法上的利益衡量问题,这常常涉及到对劳资两者利益的考量判断。这需要司法者的悟性,需要站在理智立法者的高度,进行个案中的法益衡量,以弥补立法的不足,寻求正当的个案裁判,实现社会的公平与正义。     

劳动合同解除的条件和程序研究

为了维持劳动关系的稳定,保障劳动者的基本权益,《劳动合同法》中专门列出了“劳动合同解除和终止”一章来规定劳动合同解除的条件和程序。劳动合同解除的条件和程序二者本身在概念、内容和作用、违法责任等方面有所区别,在区分两者内涵和外延的基础上,构建平衡的解除条件和程序,不仅有助于劳动关系的和谐稳定,也能促进劳动力的良性流动。     

清代小说禁毁述略

禁毁小说是君主专制文化政策的一部分,与明代相比,清代禁毁小说更是常态化和法制化.然而小说的性质和受众与传统诗文毕竟有别,朝廷或有鉴于此,在申饬禁令之时,不像处置"悖逆"诗文那样严酷.纵观清代,小说之禁令屡申不绝,而小说的编刊也从未有过中断.不过,在朝廷文化专制的高压下,小说的整体风貌和发展轨迹却发生了相应的深刻变化.论文按时序记叙有清200多年禁毁小说的重要政策举措及其对小说发展的影响,以呈现清代小说生态环境的一个重要方面.